RADHESHYAM Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is filed by the accused/appellant against the judgment of conviction dated 29.9.2007 passed by the Special Judge, R ajgarh (Biaora) in Special Case No.40/2007, whereby the appellant is convicted under Section 354 of IPC and sentenced to 6 months' RI with fine of Rs.1,000/-; in lieu of fine to undergo additional RI for 3 months. He is also convicted under Section 506 of IPC and sentenced to 6 months RI with fine of Rs.500/-; in lieu of fine to undergo additional RI for 2 months. Both the sentences were directed to run concurrently.

(2.) As per prosecution story, on 27.3.2007 at about 11-11.30 in the morning when complainant Manjubai was collecting wood near the well of the appellant (Radheshyam), the appellant came there and tried to out rage her modesty. The complainant cried for help, but no one was there. Thereafter, the complainant took the sickle in her hand. On seeing this the accused/appellant disassociated her and stated that if she narrate this fact to anyone or lodge report against him, he will kill her. After the incident complainant came to her house and narrated the whole incident to her mother-in-law Nathibai and Peerulal. Her husband was out of village and when he returned, the FIR was lodged at Police Station Pachor vide Ex.P/6. During investigation it was found that the complainant belongs to Balai caste and as per her caste certificate (Ex.P/5) she is member of Scheduled Tribe, case has been registered for an offence punishable under Sections 354 and 506 of the IPC and Section 3(1)(xi) of the SC & ST (Prevention of Atrocities) Act, 1989. After completion of the investigation charge sheet was filed before the competent Court. The learned Special Judge, after completion of trial convicted and sentenced the appellant as stated herein above, hence, this appeal.

(3.) It is submitted by the learned counsel for the appellant that the appellant is mentally ill and, therefore, he could not mark his presence on 25.4.2011 and prayed reduce the sentence to the period already undergone on the ground that he is in jail since 16.11.2011 out of total period of 6 months.